Dennis La Vine, February 2, 1996

THEODORE R. KULONGOSKI
ATTORNEY GENERAL
Dennis La Vine
HC 32 Box 538
Gilchrist, OR 97737
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-+!00
TDD: (503) 378-5938
February 2, 1996
Re: PetitUJn for Public Records Disclosure Order:
Public Utility Commission Records
Dear Mr. La Vine:
THOMAS A. BALMER
DEPUTY ATTORNEY GENERAL
This letter is the Attorney General's order on your petition for disclosure of records
under the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, dated
January 2, 1995, was directed to Assistant Attorney General John H. Socolofsky, rather than
the Attorney General. Unfortunately, at that time Mr. Socolofsky was on vacation. When
he returned, he forwarded your letter to the Attorney General. It was received by the
Attorney General on January 26, 1996. Therefore, for purposes of this order, we will
consider your petition filed on that date.
Your petition asks the Attorney General to direct the Public Utility Commission
(PUC) to make available certain records relating to a natural gas pipeline of Pacific Gas
Transmission Company (PGT) located on your property and a grievance that you have with
PGT with respect to that pipeline. Your petition alleges, in substance, that you have made
numerous requests for such records, including a formal request of October 16, 1995, and that
some records have been produced, but not all. Your petition states that the PUC claims it
has produced all records that are in existence.
In the petition you take issue with that assertion and list a number of records which
you contend are in existence and which have yet to be produced. You also assert that at
least one piece of evidence has been destroyed. Under these circumstances, we have
undertaken to determine whether any requested records are in existence that have not been
produced. The PUC does not claim that any requested records are exempt from disclosure.
For the reasons that follow, we find that all requested records in PUC's files have been
Dennis La Vine
Page 2
February 2, 1996
produced, with the exception of a copy of a travel expense account, which the PUC has
agreed to provide to you and which is enclosed with this order .11
Our review of this matter indicates that you have made several requests for records
from the PUC. The first appears to have been by letter dated July 6, 1995. Subsequent
written requests were made on October 16, 1995, and November 2, 1995. These requests
were somewhat amplified in your petition. For the most part, the requests were for the same
records. The expense account was mentioned only in the letter of July 6, 1995. From these
separate requests, we have endeavored below to compile a list of the records that you believe
are in existence and have not been produced. We will address each item on the list
separate! y.
1. Pictures taken by PUC employee, Jack Dent
We find that Jack Dent took no pictures for the PUC. At the request of Peter
Katchmar, a USDOT employee, Mr. Dent took one or more pictures of the pipeline with a
camera in the possession of Mr. Katchmar. After taking the pictures, he returned the camera
to Mr. Katchmar. Mr. Dent did not ask for or receive copies of those pictures.
2. The complete PUC file on this matter
With the exception of the travel expense account discussed in item 8 below, which
was not in the PUC investigation file, we find that you have been given a copy of the
complete PUC file related to this matter. That file appears to consist of the following
documents:
a. A three-page fax, including cover, sent June 16, 1995, from USDOT to
Jack Dent containing a Sample Vandalism Letter form and representative
letter;
b. A 34-page packet, including the cover letter from W.G. Thomas to Peter J.
Katchmar, dated September 21, 1995, containing the documents listed on
the cover letter with the exception of the video tape which was not
provided to the PUC;
11 This order addresses only your request for public records. It does not address the
merits of claims against third parties which are asserted in your petition. With respect to the
latter claims, we have found nothing that justifies further action by this office.
Dennis La Vine
Page 3
February 2, 1996
c. A three-page letter, with two pages of attachments, dated July 3, 1995,
from W.G. Thomas to Dennis and Michelle La Vine;
d. A one-page letter dated July 6, 1995, from Dennis and Michelle La Vine to
Jack Dent;
e. A one-page letter dated July 18, 1995, from Jack Dent to Edward J.
Ondak, USDOT;
f. A two-page letter dated July 19, 1995, from Jack Dent to Dennis and
Michelle La Vine;
g. A two-page fax, including cover, dated September 14, 1995, from PGT to
Jack Dent indicating that a fence post will be relocated and another added
during the week of September 18, 1995;
h. A four-page letter from Edward Ondak to Dennis La Vine, dated
October 10, 1995, re: investigation conclusions;
i. A two-page letter from Dennis La Vine to Edward Ondak, dated
October 19, 1995;
J. A one-page letter from Dennis La Vine to Joan Smith, dated October 16,
1995;
k. A two-page letter from Dennis La Vine to Edward Ondak, dated
October 19, 1995;
1. A one-page letter from Edward Ondak to Dennis La Vine, dated
October 31, 1995;
m. A two-page letter from Joan Smith to Dennis La Vine, dated October 31,
1995;
n. A four-page document, entitled "Notice of Location," relating to
description of PGT right of way.
3. Cellular telephone records
The PUC has not provided Mr. Dent with a cellular telephone. Consequently, there
are no PUC cellular telephone records. In connection with this matter, Mr. Dent states that
Dennis La Vine
Page 4
February 2, 1996
he made one call to the La Vine residence with the cellular telephone in one of the PGT
trucks. Any cellular telephone records of PGT are not in the custody of the PUC and not
subject to the Public Records Law.
4. PGT Regulator's Package
The PUC file contains a reference to a PGT Regulator's Package. That reference is
in the chronology that is part of the packet referred to Item 2b above. We find that the
information mentioned in the chronology as being part of the "regulator's package" was
shown to Mr. Dent by PGT during the June 19, 1995, meeting in Redmond, Oregon, but no
part of the "regulator's package" was used or retained by Mr. Dent, except a copy of the
pipeline easement, which copy should have been part of the PUC file material which has
been sent to you. This is the right of way description referred to in Item No. 2n above.
5. Office of Pipeline Safety "Letter/Ruling."
This document was part of the PUC file that has been provided you. It is a copy of a
fax from the regional Office of Pipeline Safety to Jack Dent, dated June 16, 1995. It is a
form letter, with sample, used by the office to alert persons of criminal penalties for
removing pipeline right of way markers. Reference to this document as a letter/ruling is
somewhat misleading.
6. Prior complaints against PGT
The PUC has reported to you that there were two complaints against PGT of which
the PUC are aware. So far as PUC staff know and so far as we have been able to
determine, there have been no other complaints. Both complaints were oral; both were
within the last year. The complaining parties were from the Ashland, Oregon, area. They
were referred orally to the federal Office of Pipeline Safety which may have a written record
of them. The PUC kept no written record of these contacts.
7. Letter from Locating, Inc.
Your information requests frequently refer to a letter or statement from an employee
of Locating, Inc. to the PUC. The letter was not retained by the PUC. However, at the
request of the PUC, Locating Inc .. has provided us with the document, together with related
correspondence from and to you. The document in question is a statement from Rod
Bunday, dated June 16, 1995. A copy is attached to this order. The PUC has verified that
this statement is a true copy of the statement that was not retained by the PUC.
Dennis La Vine
Page 5
February 2, 1996
8. Expense Account
In your letter of July 6, 1995, you requested a copy of the expenditures of Jack Dent
related to his trip to your property. That record was not part of the official PUC file in this
matter, but has been located and is attached hereto.
The Attorney General has no authority to order an agency to produce records that do
not exist or that are not in the custody of the agency. See ORS 192.410(4), 192.450(1).
Because the records in the PUC's files have already been provided to you or are attached
hereto, we respectfully deny your petition.
ESH:JHS:AV:jpUIAAOICOE
Attachments
Sincerely,
ELIZABETH S. HARCHENKO
Special Counsel to the Attorney General
LOCAT1NQ
INC.
'IO .TaGK
FAX f 3 7 3 - 70h 7
13, JI
(503) 581-1265
FAX f (503) 581-1845
c.:IJIMl!l\'l'S:In.;lvd~.s t\11"'. ~"'-""'"'c.§ e.erT1f1cel le.tfe,... t-D
l-euif=•.,.., ,liu:. Bed 8u,,.da11'1 6fg+c,.,<'1t" ~£ c:ve,.,'b" a> T
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2095 De•cor Court S . .£. • Salem, Oregon 97302 • (503) 581-1265
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;tate: OR County: KLAMATH
1ddress: Stl"eet: STAGECOACr~ F:D
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STAGECOACH RD APX 3/4 MI E OF HWY 97
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J:?ENNIS LAVINE
tor: DENNIS LAVINE
03 usw 06 usw 18 COMPLETED
DATE_.6... -. ......z ~~_-r_ TIME //;Jo
NAME_. ....~ -='Q _ __ i,·:.:' ;t_D._?z;_
TOT Al UNITS _ _.L_u_s__w _,_.V._,_,1 _
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Updatlil Of: 86238
Tran~mit Da.ten e,1121·35
Qyi9in.al C~ll Date: 6/12/95
Work tc1 B!!gin Date: 6/14.''35
State: OR
Addres'.:.:
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Street:
Ne~rest Interse~tin9 Str~et:
Ti me: - i) f 35
Ti me: ~3 ~ 3f,
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STAGECOA1::H F:D
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Type of Work: LOCATE BURIED FENCE P057 S
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l•:u:oltion •:•f Work: ACTUAL. ADDRESS IS HC:32 80X 53(~ ·,.;;-:-_;: :·!:: ·: ,,;· ,,
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• CAL.LER GAVE LEGALS ~ BEST INFO AV~!LABLE
C1::imoany
Contact Name: DENNIS LAV!NE
Work Being Done For: DENNIS LAVINE
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TRAVEL EXPENSE DETAIL SHEET
1. Name of Employee :s llCllYID 2. Agency 3. Period (Month & Year)
JACK DENT - I PUBLIC UTILITY COMMISSION June, 1995
A Official Station JUL t> 1.:1.:J~ I I 5. Program & Cost Center 6. Regular Scheduled Work Shift
SALEM I UTILITY GAS SAFETY (14001) 8 am - 5 pm: Other: X . "-J .
. nrepresented I X I :hL ecutive Service I Board/Commission Member I Volunteer I
8. 9. 10. ~ ,, ._.,. __ 12. 13 1'\
Time of Time of Per TOTM
Date Departure Arrlval Destination Diem& Breakfast Lunch Dinner Lodging rJ ~:-;:~ ~-
Hourly I .~'l'J•· "l
Rate
6/19195 6:00AM Gilchrist (Non-commercial lodging) 34.00 3·1 (\()
6/20195 2:00PM Return to Salem 8.00 8 0(1
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o n- o
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[JO[)
0 0[)
0 00
() ()()
0 ()()
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"~-------
15. TOTAL Columns · $ · 42 ao I
16. 17. 18. 19. 20. 21
(Office Use Only) MISCELLANEOUS EXPENSES Training Rate Private
Cost Distribution Date Fares, Private Mileage, Room Tax, Telephone, Related Per Car Arnount
Other Expenses Y/N Mile Miles
I 400 I /.fl 011 <1&.00 Phone call home $.22 4.00
$.22
.. $.22
$.22
$.22
$.22
$.22
. $.22
$.22
$.22
$22
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Investigation - Excavation Law Violations 25. I
LESS TRAVEL ADVANCE AMOUNT $
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26.
/ AMOUNT DUE EMPLOYEE $
l 27. Received Training --- Conducted Training __ 28. Make Checks Payable to PUC AMOUNT DUE STATE I
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led expenMS or lllOWl!il:M en1ftled; that no part there<>f has _.,.,n hereto!Ore clalmed or wl11 be claimed rrom any other 1/~? Chief, Gas Pipeline Safety
source. --
1 ,,.rtify ttiat the aboVe claimed expenses are authorized d~~ 31.Ap@~ 32. Title 08te
required expenses. Funds for payment of this dalm are av e
in the approved budget for the period covered and have been , ;:?,_ ,/ ~ Ir~ Assistant Commissioner ) / -· allotted for exnAndlture. ~ I I ) -.. ---~-- / 7/11

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THEODORE R. KULONGOSKI
ATTORNEY GENERAL
Dennis La Vine
HC 32 Box 538
Gilchrist, OR 97737
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-+!00
TDD: (503) 378-5938
February 2, 1996
Re: PetitUJn for Public Records Disclosure Order:
Public Utility Commission Records
Dear Mr. La Vine:
THOMAS A. BALMER
DEPUTY ATTORNEY GENERAL
This letter is the Attorney General's order on your petition for disclosure of records
under the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, dated
January 2, 1995, was directed to Assistant Attorney General John H. Socolofsky, rather than
the Attorney General. Unfortunately, at that time Mr. Socolofsky was on vacation. When
he returned, he forwarded your letter to the Attorney General. It was received by the
Attorney General on January 26, 1996. Therefore, for purposes of this order, we will
consider your petition filed on that date.
Your petition asks the Attorney General to direct the Public Utility Commission
(PUC) to make available certain records relating to a natural gas pipeline of Pacific Gas
Transmission Company (PGT) located on your property and a grievance that you have with
PGT with respect to that pipeline. Your petition alleges, in substance, that you have made
numerous requests for such records, including a formal request of October 16, 1995, and that
some records have been produced, but not all. Your petition states that the PUC claims it
has produced all records that are in existence.
In the petition you take issue with that assertion and list a number of records which
you contend are in existence and which have yet to be produced. You also assert that at
least one piece of evidence has been destroyed. Under these circumstances, we have
undertaken to determine whether any requested records are in existence that have not been
produced. The PUC does not claim that any requested records are exempt from disclosure.
For the reasons that follow, we find that all requested records in PUC's files have been
Dennis La Vine
Page 2
February 2, 1996
produced, with the exception of a copy of a travel expense account, which the PUC has
agreed to provide to you and which is enclosed with this order .11
Our review of this matter indicates that you have made several requests for records
from the PUC. The first appears to have been by letter dated July 6, 1995. Subsequent
written requests were made on October 16, 1995, and November 2, 1995. These requests
were somewhat amplified in your petition. For the most part, the requests were for the same
records. The expense account was mentioned only in the letter of July 6, 1995. From these
separate requests, we have endeavored below to compile a list of the records that you believe
are in existence and have not been produced. We will address each item on the list
separate! y.
1. Pictures taken by PUC employee, Jack Dent
We find that Jack Dent took no pictures for the PUC. At the request of Peter
Katchmar, a USDOT employee, Mr. Dent took one or more pictures of the pipeline with a
camera in the possession of Mr. Katchmar. After taking the pictures, he returned the camera
to Mr. Katchmar. Mr. Dent did not ask for or receive copies of those pictures.
2. The complete PUC file on this matter
With the exception of the travel expense account discussed in item 8 below, which
was not in the PUC investigation file, we find that you have been given a copy of the
complete PUC file related to this matter. That file appears to consist of the following
documents:
a. A three-page fax, including cover, sent June 16, 1995, from USDOT to
Jack Dent containing a Sample Vandalism Letter form and representative
letter;
b. A 34-page packet, including the cover letter from W.G. Thomas to Peter J.
Katchmar, dated September 21, 1995, containing the documents listed on
the cover letter with the exception of the video tape which was not
provided to the PUC;
11 This order addresses only your request for public records. It does not address the
merits of claims against third parties which are asserted in your petition. With respect to the
latter claims, we have found nothing that justifies further action by this office.
Dennis La Vine
Page 3
February 2, 1996
c. A three-page letter, with two pages of attachments, dated July 3, 1995,
from W.G. Thomas to Dennis and Michelle La Vine;
d. A one-page letter dated July 6, 1995, from Dennis and Michelle La Vine to
Jack Dent;
e. A one-page letter dated July 18, 1995, from Jack Dent to Edward J.
Ondak, USDOT;
f. A two-page letter dated July 19, 1995, from Jack Dent to Dennis and
Michelle La Vine;
g. A two-page fax, including cover, dated September 14, 1995, from PGT to
Jack Dent indicating that a fence post will be relocated and another added
during the week of September 18, 1995;
h. A four-page letter from Edward Ondak to Dennis La Vine, dated
October 10, 1995, re: investigation conclusions;
i. A two-page letter from Dennis La Vine to Edward Ondak, dated
October 19, 1995;
J. A one-page letter from Dennis La Vine to Joan Smith, dated October 16,
1995;
k. A two-page letter from Dennis La Vine to Edward Ondak, dated
October 19, 1995;
1. A one-page letter from Edward Ondak to Dennis La Vine, dated
October 31, 1995;
m. A two-page letter from Joan Smith to Dennis La Vine, dated October 31,
1995;
n. A four-page document, entitled "Notice of Location," relating to
description of PGT right of way.
3. Cellular telephone records
The PUC has not provided Mr. Dent with a cellular telephone. Consequently, there
are no PUC cellular telephone records. In connection with this matter, Mr. Dent states that
Dennis La Vine
Page 4
February 2, 1996
he made one call to the La Vine residence with the cellular telephone in one of the PGT
trucks. Any cellular telephone records of PGT are not in the custody of the PUC and not
subject to the Public Records Law.
4. PGT Regulator's Package
The PUC file contains a reference to a PGT Regulator's Package. That reference is
in the chronology that is part of the packet referred to Item 2b above. We find that the
information mentioned in the chronology as being part of the "regulator's package" was
shown to Mr. Dent by PGT during the June 19, 1995, meeting in Redmond, Oregon, but no
part of the "regulator's package" was used or retained by Mr. Dent, except a copy of the
pipeline easement, which copy should have been part of the PUC file material which has
been sent to you. This is the right of way description referred to in Item No. 2n above.
5. Office of Pipeline Safety "Letter/Ruling."
This document was part of the PUC file that has been provided you. It is a copy of a
fax from the regional Office of Pipeline Safety to Jack Dent, dated June 16, 1995. It is a
form letter, with sample, used by the office to alert persons of criminal penalties for
removing pipeline right of way markers. Reference to this document as a letter/ruling is
somewhat misleading.
6. Prior complaints against PGT
The PUC has reported to you that there were two complaints against PGT of which
the PUC are aware. So far as PUC staff know and so far as we have been able to
determine, there have been no other complaints. Both complaints were oral; both were
within the last year. The complaining parties were from the Ashland, Oregon, area. They
were referred orally to the federal Office of Pipeline Safety which may have a written record
of them. The PUC kept no written record of these contacts.
7. Letter from Locating, Inc.
Your information requests frequently refer to a letter or statement from an employee
of Locating, Inc. to the PUC. The letter was not retained by the PUC. However, at the
request of the PUC, Locating Inc .. has provided us with the document, together with related
correspondence from and to you. The document in question is a statement from Rod
Bunday, dated June 16, 1995. A copy is attached to this order. The PUC has verified that
this statement is a true copy of the statement that was not retained by the PUC.
Dennis La Vine
Page 5
February 2, 1996
8. Expense Account
In your letter of July 6, 1995, you requested a copy of the expenditures of Jack Dent
related to his trip to your property. That record was not part of the official PUC file in this
matter, but has been located and is attached hereto.
The Attorney General has no authority to order an agency to produce records that do
not exist or that are not in the custody of the agency. See ORS 192.410(4), 192.450(1).
Because the records in the PUC's files have already been provided to you or are attached
hereto, we respectfully deny your petition.
ESH:JHS:AV:jpUIAAOICOE
Attachments
Sincerely,
ELIZABETH S. HARCHENKO
Special Counsel to the Attorney General
LOCAT1NQ
INC.
'IO .TaGK
FAX f 3 7 3 - 70h 7
13, JI
(503) 581-1265
FAX f (503) 581-1845
c.:IJIMl!l\'l'S:In.;lvd~.s t\11"'. ~"'-""'"'c.§ e.erT1f1cel le.tfe,... t-D
l-euif=•.,.., ,liu:. Bed 8u,,.da11'1 6fg+c,., T
Cep•£ e.crtJ£1eel /elf:in t a•: t
1,..J,·.:·r k
;:· (i
~
J
"~
~ ~ ~
'\) ~ "' j \
~
t.
.\.).
~...
":I.
..... I
\ti
~
..J -t
t
~
t''
" I "°
~
~
~
~
J:?ENNIS LAVINE
tor: DENNIS LAVINE
03 usw 06 usw 18 COMPLETED
DATE_.6... -. ......z ~~_-r_ TIME //;Jo
NAME_. ....~ -='Q _ __ i,·:.:' ;t_D._?z;_
TOT Al UNITS _ _.L_u_s__w _,_.V._,_,1 _
/L
.t·:l/O'f ~ !.
I /.f.3 1q r /[-rd--
TRAVEL EXPENSE DETAIL SHEET
1. Name of Employee :s llCllYID 2. Agency 3. Period (Month & Year)
JACK DENT - I PUBLIC UTILITY COMMISSION June, 1995
A Official Station JUL t> 1.:1.:J~ I I 5. Program & Cost Center 6. Regular Scheduled Work Shift
SALEM I UTILITY GAS SAFETY (14001) 8 am - 5 pm: Other: X . "-J .
. nrepresented I X I :hL ecutive Service I Board/Commission Member I Volunteer I
8. 9. 10. ~ ,, ._.,. __ 12. 13 1'\
Time of Time of Per TOTM
Date Departure Arrlval Destination Diem& Breakfast Lunch Dinner Lodging rJ ~:-;:~ ~-
Hourly I .~'l'J•· "l
Rate
6/19195 6:00AM Gilchrist (Non-commercial lodging) 34.00 3·1 (\()
6/20195 2:00PM Return to Salem 8.00 8 0(1
0 oo
rJ ()()
o n- o
I) 1)0
[JO[)
0 0[)
0 00
() ()()
0 ()()
() [)()
I 5 .l.J.J.f J.,-0 "71 .~ () 00
0 00
"~-------
15. TOTAL Columns · $ · 42 ao I
16. 17. 18. 19. 20. 21
(Office Use Only) MISCELLANEOUS EXPENSES Training Rate Private
Cost Distribution Date Fares, Private Mileage, Room Tax, Telephone, Related Per Car Arnount
Other Expenses Y/N Mile Miles
I 400 I /.fl 011 <1&.00 Phone call home $.22 4.00
$.22
.. $.22
$.22
$.22
$.22
$.22
. $.22
$.22
$.22
$22
" $.22
/" ..,
I I Jil.~;~ :,,.,_~-~- ....
/ f has _.,.,n hereto!Ore clalmed or wl11 be claimed rrom any other 1/~? Chief, Gas Pipeline Safety
source. --
1 ,,.rtify ttiat the aboVe claimed expenses are authorized d~~ 31.Ap@~ 32. Title 08te
required expenses. Funds for payment of this dalm are av e
in the approved budget for the period covered and have been , ;:?,_ ,/ ~ Ir~ Assistant Commissioner ) / -· allotted for exnAndlture. ~ I I ) -.. ---~-- / 7/11